IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE NOTABLE PLATFORM.

These Terms of Use (the "Terms") are a legally binding contract between the user ("you") and Zealth, Inc. d/b/a Notable Health, ("Notable," "we," or "us"). Notable provides the Services (as defined below) to you subject to these Terms, which may be updated by Notable from time to time without prior notice to you. These Terms govern your use of the Services.

Supplemental terms of use or documents that may be posted on or provided through the Notable Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes, modifications, or updates to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site and/or Notable Platform after the date such revised Terms are posted. Unless explicitly stated otherwise, any new features that augment or enhance the current Notable Platform, including the release of new Notable properties, shall be subject to these Terms.

BY ACCESSING AND USING THE SERVICES IN ANY WAY, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THE NOTABLE PLATFORM.

1. DESCRIPTION OF THE SERVICES

Notable provides a patient-facing web application (the “Notable Platform”), which allows patients to complete various tasks as part of the patient intake process, which may include collection of demographic, social and clinical data, consent forms, insurance, payments and other information (the "Services"). The specific features of the Services that are available may change from time to time, and Notable may choose to discontinue some or all of the Services, at its discretion.

You understand and agree that the Services may include certain communications from Notable, including but not limited to service announcements, administrative messages, and authentication-related communications (such as two-factor authentication (2FA) codes). You consent to receive such communications from us electronically, including via SMS, email, or other electronic means. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

The Services include or may include information, data, text, messages, software, audio, video, photographs, graphics, images, tags, and/or other materials ("Content"). You acknowledge and agree that the Content available through the Services may be obtained or derived from third-party sources (collectively, "Content Providers"), such as individuals or entities that have created and contributed such Content to the Notable Platform. Content may also include materials and communications that the entity providing healthcare services to you (“Healthcare Organization”) decides to make available to you via the Notable Platform. Your use of any Content, including, without limitation any medical information, is at your own risk, as described in more detail below.

2. CONDITIONS ON ACCESS TO THE SERVICES

We reserve the right to withdraw or amend the Notable Platform, and any service or material we provide on the Notable Platform, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Notable Platform, or the entire Notable Platform, to users, including registered users.

You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You further understand that your use of the Services may involve or require the transmission of significant amounts of data. You understand and agree that you are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses and taxes of any kind related to the foregoing or that may otherwise arise from your use of the Services. Notable shall not be responsible for any loss or corruption of data, lost communications, loss of functionality or any other loss or damage of any kind arising from any such telecommunications and Internet services. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES MAY REQUIRE AN APPROPRIATE MOBILE DEVICE AND DATA PLAN, AND THE PURCHASE AND MAINTENANCE OF SUCH DEVICE AND PLAN AND ASSOCIATED CHARGES ARE YOUR RESPONSIBILITY (AND NOT NOTABLE'S).

Use of the Services is void where prohibited. By using and/or viewing the Notable Platform, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.

3. NOT MEDICAL ADVICE; DISCLAIMERS

Notable does not provide medical advice and does not make diagnostic, treatment, or other clinical decisions or judgments. The Services and Content are not a substitute for the competent analysis and professional judgment of health care professionals. The medical information that is provided to you through the Services is dependent upon the Content that you access and the information that you select and enter, as well the specifics of your situation. NEITHER NOTABLE NOR ANY CONTENT PROVIDER WARRANTS OR GUARANTEES THAT THE MEDICAL INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELEVANT, OR UP TO DATE. USE OF THE NOTABLE PLATFORM IS NOT FOR EMERGENCY SITUATIONS. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911. IF YOU NEED URGENT CARE, PLEASE CONTACT YOUR PROVIDER BY TELEPHONE OR IN PERSON OR VISIT AN URGENT CARE CENTER.

By accessing the Services, you assume full responsibility for the use of any information obtained through the Services and agree that neither Notable nor any of its licensors or Content Providers is responsible or liable for any claim, loss, or damage arising from the use of the information. Your reliance upon the Content obtained or used by you through the Services is solely at your own risk.

4. NOTABLE'S PROPRIETARY RIGHTS

The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of Notable or its licensors. Without limiting the preceding sentence, we own and retain all intellectual property rights in the features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) contained in the individual pages, components of pages, and any collective works contained within the Notable Platform. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Services, in whole or in part, by any means, except as expressly authorized in writing by Notable or the Content Provider, as applicable. Notable and the Notable logos are trademarks and the property of Notable. The appearance, layout, color scheme, and design of the Notable Platform are protected trade dress. All other names and trademarks are the property of their respective holders.

5. LIMITED USE LICENSE

Notable grants you a non-transferable and non-exclusive right and license to access and use the Services solely for your personal use as authorized by your Healthcare Organization, and subject to the condition that you do not (and do not allow any third party to) (a) copy, modify, create a derivative work from the Services or the Content, and (b) reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree not to modify the Services in any manner or form, nor to use modified versions of the Services or software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface(s) provided by Notable for use in accessing the Services. You agree that you shall not develop, sell, license, or distribute applications that launch, are launched from, or are otherwise integrated with the Services without the prior express written consent of Notable. You agree that you will not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing arrangement the Services, in whole or in part. Any unauthorized use of the Content or any Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with Notable to prevent any unauthorized copying of the Services or Content.

6. TERMINATION

Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. We may terminate and/or suspend your access to any portion of the Services upon notice to your Healthcare Organization in the event that we reasonably determine that you have violated the Terms.

Upon termination, you shall immediately destroy any Content in your possession, if any, and cease use of the Services. Sections 3, 4, 5, 6 and 8 through 21 shall survive termination of these Terms for any reason.

7. SECURITY

The Services are designed to require users to provide a unique code to access and use the Services (your "Credentials").

You are solely responsible for (1) maintaining the strict confidentiality of your Credentials, (2) not allowing another person to use your Credentials to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Credentials. You agree to immediately notify Notable in writing of any unauthorized use of your Credentials or any other breach of security, and to ensure that you sign out from your account at the end of each session. Notable is not and shall not be liable for any harm arising from or relating to the theft of your Credentials, your disclosure of your Credentials, or the use of your Credentials by another person or entity.

Any attempt to obtain unauthorized access or to exceed authorized access to the Services shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Notable hereby notifies you that any or all communications with the Services can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Notable in its sole discretion and without further notice.

8. MESSAGING AND OPT OUT

1. By opting in as a user of our Services, you understand and acknowledge that you will be receiving messages that your Healthcare Organization(s) and/or healthcare provider(s) are trying to send to you regarding your care.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@NotableHealth.com.

4. Carriers are not liable for delayed or undelivered messages.

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The frequency with which you will receive messages may vary according to the frequency with which you use Notable’s Services. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our privacy policy: https://www.notablehealth.com/privacy-policy

9. USER-SUBMITTED CONTENT; FEEDBACK

The Services may permit you to submit information and Content (including data, images, sounds, text, and other things embodied therein) or provide ideas, suggestions, and proposals (collectively, "Submissions").

Notable and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Submissions or Content that is available via the Services. Without limiting the foregoing, Notable and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable, in Notable's reasonable and sole discretion.

By making a Submission to the Services, you hereby grant to Notable the right to collect, store, use, reproduce, distribute, modify, publish and prepare derivative works from the Submissions for purposes of providing the Services consistent with these Terms and applicable law.

You acknowledge and agree that Notable may collect, analyze and use anonymized or aggregated data regarding the usage and performance of the Services, including data derived from protected health information, and create aggregate data that is: (a) not identifiable to any person and, to the extent derived from protected health information, complies with 45 C.F.R. § 164.514(b), and (b) is not distributed or otherwise conveyed in a context that identifies your identity (“De-identified Data”). Unless otherwise required by applicable law, Notable may retain and use the De-identified Data without restriction for any purpose, including, but not limited to, operating, analyzing, improving or marketing the Services and any related products and services.

In the event you decide to provide any feedback, recommendations and/or suggestions with respect to the Services (collectively, “Feedback”), you hereby assign and agree to assign to Notable all of your title, right and interest, including all associated intellectual property rights, in and to the Feedback.

10. USER CONDUCT

You agree that you shall not in connection with your use of the Services to:

i. upload, post, email, transmit or otherwise make available any Submissions that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

ii. harm minors in any way;

iii. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

iv. upload, post, email, transmit or otherwise make available any Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships;

v. upload, post, email, transmit or otherwise make available any Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

vi. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that may be designated for such purpose;

vii. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

viii. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass robot exclusion headers; and/or

ix. violate any applicable local, state, national or international law or any regulations having the force of law.

You acknowledge, consent and agree that Notable may access, preserve and disclose your Registration Data, Submissions, user profile, and other Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Notable, its users, and the public.

11. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, NOTABLE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. EACH PARTY WILL BE SOLELY AND INDIVIDUALLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS RELATING TO ITS RESPECTIVE BUSINESS OPERATIONS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NOTABLE, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OR RELIANCE ON THE SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NOTABLE, ITS LICENSORS OR CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

UNDER NO CIRCUMSTANCES SHALL NOTABLE, ITS LICENSORS OR CONTENT PROVIDERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, OR ACTS OF GOD.

IF, NOTWITHSTANDING THESE LIMITATIONS OF LIABILITY, NOTABLE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU IN ANY WAY, IN NO EVENT SHALL NOTABLE'S LIABILITY EXCEED THE FEES YOUR HEALTHCARE ORGANIZATION HAS PAID TO NOTABLE DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM. YOU AND NOTABLE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND NOTABLE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, NOTABLE WOULD NOT PROVIDE THE SERVICES TO YOU.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

13. INDEMNITY

You agree to defend, indemnify and hold Notable and its respective directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Notable's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) in connection with, arising out of, resulting from or caused by (1) your material breach of these Terms, (2) your unauthorized or unlawful use of the Services or the Content, and (3) the unauthorized or unlawful use of the Services by any other person using your Credentials.

14. COOPERATION WITH GOVERNMENT AUTHORITIES

Notable will cooperate with local, state, federal, international and/or worldwide government authorities to protect the Services, visitors, customers, Notable, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, when Notable determines, in its discretion, that such cooperation is appropriate to prevent or remedy unauthorized use of the Services.

15. LINKS TO OTHER MATERIALS

The Services may include links to third-party sites. The linked sites are not necessarily under the control of Notable and Notable is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Notable reserves the right to terminate any link or linking program at any time. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked through the Services, you do so entirely at your own risk. Notable shall have the right to disable or remove any link that violates any rights of Notable or causes interruption or deterioration of the Services.

16. APPLICABLE LAWS

Notable makes no representation that the Services or Content are appropriate or available for use in any particular jurisdiction, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or any Content in violation of United States export laws or regulations. Any claim relating to the Services or these Terms shall be governed by the internal substantive laws of the State of California.

17. ENTIRE AGREEMENT

These Terms, contain the entire agreement between you and Notable relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms may not be amended or supplemented by (1) any email message, purchase order, or similar communication originated by you relating to the subject matter hereof, or (2) statements of any of Notable's employees. If we make material changes to these Terms, we will notify you of such changes by posting them on the Notable Platform or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

18. ASSIGNMENT

You may not assign your rights under these Terms without Notable's prior written permission. Any attempt to assign your rights under these Terms without Notable's permission shall be void.

You agree that your account is non-transferable and any rights to your username, password, or contents of your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

19. WAIVER OF BREACH

Any failure to enforce any term or provision of these Terms shall not be deemed a waiver of that or any other breach of that or any other term or provision. In addition, any failure to enforce any term or provision of these Terms shall not constitute a waiver of a future breach of that or any other term or provision of these Terms.

20. NOTICE

Notable may deliver notice to you by means of electronic mail to the email address on record in Notable's account information, or by a general notice on the Notable Platform, or by written communication delivered by first class U.S. mail to your address on record in Notable's account information. You may give notice to Notable at any time via electronic mail to hello@notablehealth.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Notable Health
101 S Ellsworth Ave, Ste 600
San Mateo, California 94401
United States

21. HEADINGS

The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

22. INVALIDITY

If any provision of these Terms shall be held, be deemed, or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.